A judge has stopped President Joe Biden’s federal vaccine mandate for healthcare employees in ten states this Monday, court documents reveal.
Missouri-based United States District Judge Matthew Schelp, who was appointed by former President Trump, gave the injunction for workers at Medicare facilities in Nebraska, North and South Dakota, Wyoming, Missouri, New Hampshire, Iowa, Kansas, Alaska, and Arkansas. Under the Joe Biden White House’s mandate, healthcare employees who work in nursing homes, hospitals, and other healthcare locations that get federal funding and who have been ordered to get vaccinated for COVID-19 by Jan. 4, get an exemption, or face firing.
Schelp, inside his 32-page opinion, decided that the detrimental impact of losing healthcare employees outweighs the requirement for employees to get vaccinated and said Biden’s mandate imposes a burden “on healthcare facilities to give proper care.”
“The scale falls in favor of healthcare locations operating with some unvaccinated workers, staff, students, trainees, and volunteers, rather than the quick, irremediable impact of enforcing healthcare facilities to choose between two bad choices — giving substandard care or giving no healthcare at all,” he stated.
In his opinion, Schelp laid out three possibilities in which Joe Biden’s vaccine mandate was unlawful, leaving no doubt about his final ruling. Firstly, he said that the administration didn’t follow Supreme Court precedent in giving the mandate because it would not first get the approval of Congress to have such a wide-reaching rule.
“But even if the U.S. Congress’s statutory language was influenced by the Centers for Medicare & Medicaid Services’s very broad reading—which it is probably not—Congress did not authorize the CMS to enforce this politically large, federalism-changing, and boundary-expanding mandate, which Supreme Court precedent needs,” he said.
Secondly, he said that even if Congress approved the measure, failure to allow comment before approving the mandate is “grounds for invalidation.”
Lastly, Schelp stated that the plaintiffs were “likely to succeed” in creating a vaccine mandate for healthcare workers as “arbitrary or capricious.” More specifically, he challenged the Joe Biden administration’s reasoning for the vaccine mandate on numerous fronts, including the CMS “lacking evidence” proving that “vaccination status has an impact on COVID spreading within the mandate’s covered healthcare locations.”
Author: Scott Dowdy